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Federal Deposit Insurance Corp. v. Alliance Title Co.

April 20, 2010

FEDERAL DEPOSIT INSURANCE CORPORATION, AS RECEIVER FOR INDYMAC BANK, F.S.B., PLAINTIFF,
v.
ALLIANCE TITLE CO., INC., A CALIFORNIA CORPORATION, REED BENNETT ROBERTSON, AN INDIVIDUAL DOING BUSINESS AS "NATURAL CAPITAL"; JAMES FLORES HAW, AN INDIVIDUAL; AND DOES 1 THROUGH 10, INCLUSIVE, DEFENDANTS.



The opinion of the court was delivered by: The Honorable Andrew J. Wistrich United States Magistrate Judge

PROTECTIVE ORDER FOR CONFIDENTIAL DOCUMENTS AND INFORMATION

Action filed: April 3, 2009

[No Hearing Required]

The Court, having reviewed the Stipulation Regarding [Proposed] Protective Order for Confidential Documents and Information (the "Stipulation") by and among Plaintiff Federal Deposit Insurance Corporation as Receiver of IndyMac Bank, F.S.B. ("FDIC"), on the one hand, and Defendants Alliance Title Co., Inc. ("Alliance") and Reed Bennett Robertson dba "Natural Capital" ("Robertson") (collectively, "Defendants"), on the other hand, and good cause appearing therefor,

IT IS HEREBY ORDERED that the following provisions shall control the disclosure, dissemination and use of documents, things and information furnished in this Action:

1. Definitions

a. The term "Action" shall mean the above-entitled legal action, including any appellate proceedings and proceedings in connection with any remand.

b. The term "Party," whether used in the singular or plural, means (i) Federal Deposit Insurance Corporation, as Receiver of IndyMac Bank, F.S.B., its predecessors and successors in interest, officers, directors, agents, servants and employees, accountants, attorneys and investigators, and anyone else acting on its behalf or under its control; (ii) Defendant Alliance, its predecessors and successors in interest, officers, directors, agents, servants and employees, accountants, attorneys and investigators, and anyone else acting on its behalf or under its control; and (iii) Defendant Robertson, his predecessors and successors in interest, officers, directors, agents, servants and employees, accountants, attorneys and investigators, and anyone else acting on his behalf or under his control; and (iv) any other Person, as that term is defined herein, who may hereafter appear or be substituted or joined or who otherwise becomes a named litigant in this Action.

c. The term "Document" shall mean a writing, as defined by Federal Rules of Evidence §1001, and includes the original or a copy of the handwritten, typewritten, draft, printed, Photostat, photograph, and every other means of recording upon any tangible thing any form of communication or representation, including without limitation, appraisals, letters, electronic mail messages ("email"), other electronic files and representations including source code, words, pictures, sounds, or symbols, or combinations thereof, publications contracts, agreements, insurance policies, minutes, offers, analysis, studies, books, papers, records, reports, calendars, diaries, statements, complaints, filings with a court or tribunal or governmental agency, corporate minutes, ledgers, transcripts, summaries, agendas, work orders, repair orders, bills, invoices, receipts, estimates, evaluations, personnel files, diplomas, certificates, instruction manuals, bulletins, advertisements, periodicals, accounting records, checks, check stubs, check registers, cancelled checks, money orders, negotiable instruments, sound recordings, films, mechanical or electronic recordings, tapes, transcriptions, blueprints, computer programs, data and data processing cards and whether produced pursuant to document request, subpoena, by agreement, or otherwise.

d. The term "Person" shall mean a natural person, firm, association, organization, corporation, partnership, unincorporated association, trust, governmental agency or body and all other entities of any kind.

e. The terms "Confidential Document" and "Confidential Information," whether used in the singular or plural, mean any Document or information of a Party, or their parents, subsidiaries or affiliates, or any third party, which has been so designated in accordance with the Protective Order entered pursuant to this stipulation (the "Protective Order").

f. The term "Termination of this Action" means the final termination of this Action by any means, including, without limitation, settlement, final judgment or voluntary dismissal. In the event an appeal is taken from any judgment or order entered in this Action, the "Termination of This Action" shall not occur until all appellate proceedings have been finally concluded, as well as any proceedings in connection with any remand.

g. The "Designating Party" is the Party who produces Documents or other information and/or marks or otherwise designates such Documents or other information as "Confidential" pursuant to the Stipulated Protective Order.

h. The "Receiving Party" is the Party who receives the Confidential Documents or Confidential Information.

2. Application of Order. The Protective Order shall be applicable to and shall govern the production and exchange of all Documents, answers to interrogatories, depositions, responses to requests for admissions, exhibits, and all other discoverable information under the Federal Rules of Civil Procedure, as well as testimony adduced at hearings, matters in evidence and all other information exchanged or furnished in this Action by the Parties and/or Persons subject to discovery, subpoena or other process or Court order in this Action.

3. Designation of Confidential Information. A Party may designate as "Confidential" any Document, response to discovery or testimony that the Party considers in good faith to contain information involving confidential, proprietary or private information subject to protection under California or Federal law, including without limitation the Gramm-Leach-Bliley Act. Such designation shall be made as follows:

a. To designate a Document as a Confidential Document, the Designating Party shall stamp or inscribe the legend "CONFIDENTIAL" on the relevant page or as otherwise set forth below. Where a document consists of more than one page, the first page and each page on which confidential material appears shall be so designated.

b. To designate one or more answers to interrogatories, or a similar written response, as containing Confidential Information, the Designating Party shall submit those answers to interrogatories in a separate document bearing on the cover page thereof the legend "CONFIDENTIAL MATERIAL SUBJECT TO COURT PROTECTIVE ORDER";

c. To designate testimony as revealing the contents of Confidential Documents or containing Confidential Information, the Designating Party shall advise the reporter (a) at the deposition or

(b) on or before 30 days after the transcript is received. With respect to testimony so designated at the deposition, the reporter shall separately transcribe the portions of the testimony so designated and shall mark the face of the transcript with the legend "CONFIDENTIAL MATERIAL SUBJECT TO COURT PROTECTIVE ORDER." A Party or Person wishing to designate any portion of a transcript confidential after its preparation shall notify the reporter and the Parties in writing within 30 days after receipt of the transcript of those portions of the transcript to be so designated, and the reporter shall prepare and distribute a second transcript with the confidential portions of the testimony transcribed in a separate booklet bearing on its face the legend "CONFIDENTIAL MATERIAL SUBJECT TO COURT PROTECTIVE ORDER," with the cost of preparing the second transcript being borne by the Party or Person making such designation. Any portions of a transcript so designated shall be treated as Confidential Information from the time of such designation, and upon receipt of such second transcript, the original and all copies of the first transcript shall be destroyed.

4. Use of Confidential Information. All Confidential Documents or Confidential Information produced or exchanged in the course of this Action (other than information that is publicly available) shall be used by the Party or Parties to whom the information is produced solely for the purpose of this Action and shall not be disseminated or otherwise disclosed except as provided in, and subject to, the Protective Order. With the exception of those Persons enumerated in Paragraph 5, below, no Confidential Document or Information may be disclosed to any Person without the prior, written consent of the Designating Party, nor shall the Parties, their counsel of record, their staff, technical consultants and/or experts sell, offer, advertise, publicize or provide under any condition, Confidential Documents or Information to the media, or any other Person who might exploit the Confidential Documents or Information for economic or personal gain, or use Confidential Documents or Information or disclose them to anyone, for any purpose, not directly related to the prosecution or defense of this Action. No notes, lists, charts, ...


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